Your scenario seems a bit off. I imagine that if your kids did something stupid they should admit it - or they lose access to the car, period.
'A year old' case seems unlikely as well. I don't know about the UK laws, but over here most (all?) traffic violations expire after 3 month. There's no way to receive questions about a speeding ticket in the distant past..
Ok, if the "year ago" scenario is far fetched, then I'm not even going to pretend I can remember when I was on this day a month ago,much less where my car was and who was driving it. Like I said, I am not required by law to keep a record of every single person using my car with the times they used it, so how can the law require me to produce said information? If me + 4 other people are insured on a vehicle, that means that possibly, it could be one out of 5 people driving it on a given day. I have no idea which one it was. What then?
I can only state what the law requires here, in DE. It requires you to know that (but admittedly you're usually going to get a picture with the first request for information, so it's mostly a matter of "Hey Joe, you've got a new mugshot!" and passing it to the right one of five) and has ways to "motivate" you if you fail this in a harsh case or repeatedly.
Which is fair in my book: You own the car, you are responsible for it. You're not on the hook for offenses that you didn't cause. But you were careless with your car if nobody steps forward after an incident.
Uhm. Yes. If I give access to 2.x tons of steel and someone abuses that, I'll revoke those privileges.
Collective punishment? You make it sound like Full Metal Jacket. I'd call it responsible behavior, protecting the person involved (unfit for driving if unable to admit errors) and myself (responsible for that heavy machine and the one whose trust was abused).
Obviously that doesn't apply to a random parking ticket or even a minor (slap on the wrist) speeding ticket. But accidents, running red lights, sever speeding? See above. Admit it or gtfo.
I really, really fail to see the reason for artificial "4 kids have access, they took turn driving and it was a year ago. What can these poor souls do?" arguments.
What is so hard about getting this, I really don't understand??
Wife takes car in the evening to do some shopping. She comes back, daughter takes the car to see some friends. They both drove on the same road.
Month later, you get a letter saying that your car has been photographed doing 5mph over the limit on that day. The photo has a time stamp, but there's really no way to tell who was driving at that time, it could have been either your daughter or your wife.
What do you do?
Do you pay the fine, knowing fully well that it wasn't you driving? Or do you tell your wife or daughter to take the points? At the same time, you are aware that naming the wrong person is actually a criminal offence, and since you are not 100% certain who was driving, how can you name anyone??
Why shouldn't you demand more evidence from the police? Why shouldn't you tell the police that you simply don't know and have no way of knowing who was using the car at the time? How can the police ticket anybody in this case, since they don't know who was driving?
I really, really fail to see why is it so hard to understand this. Actually, I bet this happens all the time, but people prefer to just pay the fine and be done with it, instead of fighting for their rights.
Well, all over this subthread I'm comparing it to my local laws and procedures. My answers are to be read in that context.
Over here you get a picture showing license plate and driver for most offenses (obviously not for parking tickets etc). Pointing out that the picture shows your wife or your daughter should be a trivial exercise.
But I understand that this might not be the case in your jurisdiction. Now, I hope you do get some evidence. The license plate at least?
If the car you own, that you are responsible for, is caught speeding, then there's no way in hell that you can shrug and say "Well.. Could've been anyone, really. The keys usually are in the lock, anyone could be the driver". That excuse seems mind-blowingly easy to exploit. Sure - you might not know who drove the car. In my world, that should have consequences for you, the owner (over here it's on a case by case basis, not a strict consequence).
My understanding so far is that someone wants to weasel out of that responsibility by paying a lawyer.. or teaching law. "If you cannot tell who drove it's your problem" is a crappy answer imo, because that can only lead to more surveillance. And there lies my problem, my issue.
The only weaseling here is by the entity that would levy a fine/penalty without presenting sufficient evidence. Moreover, it is or should be a natural right for the accused to confront their accusers. Both of these important ideas are trampled if you accept violations issued by a machine.
'A year old' case seems unlikely as well. I don't know about the UK laws, but over here most (all?) traffic violations expire after 3 month. There's no way to receive questions about a speeding ticket in the distant past..